Florida Statute 732.601 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.601

732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:

(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.

(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.

(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.

(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

History.—s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.

Note.—Created from former s. 736.05.

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Amendments to 732.601

Arrestable Offenses / Crimes under Fla. Stat. 732.601

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.601.

Annotations, Discussions, Cases:

Cases Citing Statute 732.601

Total Results: 8

Darian v. Weymouth

Court: District Court of Appeal of Florida | Date Filed: 2011-11-16

Citation: 76 So. 3d 15, 2011 Fla. App. LEXIS 18116, 2011 WL 5554786

Snippet: deaths to be simultaneous, pursuant to section 732.601(1), Florida Statutes,1 and entered *17an order

Basile v. Aldrich

Court: District Court of Appeal of Florida | Date Filed: 2011-08-23

Citation: 70 So. 3d 682, 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

Snippet: contained in Part VI of chapter 732 (i.e., section 732.601 (“Simultaneous *691Death Law”), section 732.603

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: his wife were determined to be simultaneous. § 732.601(3), Fla. Stat. (2007). The decedent's will, which

King v. Font Corp.

Court: District Court of Appeal of Florida | Date Filed: 1993-01-20

Citation: 612 So. 2d 662, 1993 WL 10568

Snippet: decedent's spouse for some legal purposes. See, e.g., § 732.601, Florida Statutes (1991) (the simultaneous death

Silver v. Schroeder

Court: District Court of Appeal of Florida | Date Filed: 1985-08-13

Citation: 474 So. 2d 857, 1985 Fla. App. LEXIS 15496, 10 Fla. L. Weekly 1937

Snippet: simultaneous death situation, consistent with section 732.601, Florida Statutes (1983). Appellee, Edna Schroeder

Gerson v. Haines

Court: District Court of Appeal of Florida | Date Filed: 1983-03-29

Citation: 428 So. 2d 766, 1983 Fla. App. LEXIS 18982

Snippet: descent and distribution in accordance with Sec. 732.601(4) Florida Statutes (1979). Reversed and remanded

In re Estate of Shine

Court: District Court of Appeal of Florida | Date Filed: 1980-10-08

Citation: 389 So. 2d 1191, 1980 Fla. App. LEXIS 17362

Snippet: probate of their respective estates. Under Section 732.601(1), Florida Statutes (1979), when the devise of

In re Estate of Yanowsky

Court: District Court of Appeal of Florida | Date Filed: 1980-05-30

Citation: 384 So. 2d 1297, 1980 Fla. App. LEXIS 16242

Snippet: property shall not be homestead property. . Section 732.601(3), Florida Statutes (1977), provides: (3) When